False Identification Law

Question 1

What is the definition of an Identification Document?

Answer 1

An ID document issued by the state of local government solely for the purpose of identification

Question 2

What are the two requirements for an ID?

Answer 2

1. Produced by the government

2. for purposes of identifying the individual

Question 3

What are “Means of Identification”?

Answer 3

name or number that may be used to identify a specific individual

Question 4

What are examples of “means of identification”?

Answer 4

SSN
DOB 
Driver's License # or State ID #
Passport #
Unique Biometric data (fingerprint, retina, voice scan, etc)

Question 5

What is a False Identification document?

Answer 5

identification document that has been: 
counterfeited 
altered 
stolen
genuine but obtained by fraud

Question 6

What is a document making implement?

Answer 6

any implement, impression, electronic device, or computer hardware (or software) used for making:

• ID documents
• False ID documents, or
• Used to make another document making implement

Question 7

What is meant by “Federal Nexus”?

Answer 7

Normally it means that the prohibited activity is in or affects interstate or foreign commerce

Also can mean document is issued by the US, document is used to defraud the US, of document making implement is transported in the mail

Question 8

18 USC 1028

Answer 8

Fraud in Connection with Identification Documents. Offenses Include:
a1 - Producing
a2- Transfering
a3 - Possessing 5 or more (ID or false IDs)
a4 - Possessing
a5 - Implement Devices (produce, transfer, possess)
a6 - Possessing and ID of the US

Question 9

18 USC 1028 (a)(7)

Answer 9

transferring or using a MEANS OF IDENTIFICATION SS#, DL #, Passport #, etc)

This offense MUST COINCIDE WITH ANOTHER CRIME, cannot be a stand alone charge

Question 10

18 USC 1028(A)

Answer 10

Aggravated ID Theft:
- MANDATORY 2 YEAR Imprisonment
- Requires a “Predicate” crime:
1. Any felony crime in 18 USC 1028(A)(c), and
2. knowingly xfer, possesses, or uses a means of ID
without lawful authority

Question 11

What must the government show to convict on a 1028(A)?

Answer 11

that Defendant knew the means of ID belonged to another person and not a completely fictitious identity

Question 12

18 USC 499

Answer 12

Military, Naval, or Official Passes

Question 13

18 USC 701

Answer 13

Official Badges, ID Cards, Other Insignia